Has Been Previously Issued - Law Dictionary Search Results
Has been previously issued
Matched in: Term Has been previously issued
Res judicata
and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL. When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again … on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4
Discharge
of discharge in a warrant case instituted on complaint, can be made only after the process has been issued and before the charge is framed. S. 253(1) shows that as a general rule there can be no … no case has been made out. Sub-s. (2) which authorises the Magistrate to discharge the accused at any previous stage of the case if he considers the charge to be groundless, is in exception to that rule.
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Tail
of any estate-tail which shall be vested in, or might be claimed by, or which, but for some previous Act, would have been vested in, or might have been claimed by, the person making the disposition, at … (4) (ibid.)] The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466. An estate-tail in land now constitutes a
Extinguishment
before, extinguishes the first debt. And when judgment is given for a debt, it supersedes or extinguishes the previous obligation (Plowd. 184; 1 Salk. 304); though it does not prejudice a security given for the debt, Economic … in the land as in the rent, the rent is extinguished; for no one can have a rent issuing out of his own land, though a person must have as high an estate in the land as
Apportionment
is now provided for by ss. 140, 141 and 142 of the (English) Law of Property Act, 1925. Previously to that Act the Law of (English) Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. … of rent where part only of lands subject to a lease is taken under the Act. Rentcharges.--A rentcharge issues out of every part of the land charged and, as a rule, the burden is not apportionable unless
Remainder
but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in … your body ') which would constitute an estate tail), ' and upon your decease, and failure of your issue, to A. and his heirs.' In any of these three cases A. would take an estate in fee-simple,
Copyhold
subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its … curtesy, and, by the custom of some manors, the husband is entitled to courtesy, though he have no issue by his wife, but is forfeitable on a second marriage. (11) Upon every descent of a copyhold estate,
In transit
railway, means the period between the commencement and the termination of transit of such goods, and unless otherwise previously determined-- (a) transit commences as soon as the railway receipt is issued or the consignment is loaded, whichever
New trial
decision upon any other question. [(English) R.S.C. 1883, Ord. XXXIX., r. 7] (9) Where there has been a previous new trial. If the jury on the second trial find for the party against whom the former verdict … party into a defence of which he was apprised at the first trial. (8) Where one of several issues, etc., has been wrongfully decided. A new trial may be ordered on any question in an action, whatever
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